Sat.Jun 29, 2024 - Fri.Jul 05, 2024

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3 Count: Medical Challenge

Plagiarism Today

Medical company wins right to challenge DMCA exemption, UK blocks 7K domains and Starbucks sues NYC marijuana business. The post 3 Count: Medical Challenge appeared first on Plagiarism Today.

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Read this before choosing a new brand name!

Erik K Pelton

The following is an edited transcript of my book video Building a Bold Brand Chapter 1: Choose Wisely. Bold brands begin with great brand names, but brands are much more than just names. They are the sum parts of a company and the customer’s relationship with its products or services. When consumers form a relationship to a brand, the relationship focuses not just on the product or service, but also on quality reliability, the consumer’s perception of what the business represents and

Branding 130
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OpenAI Wants New York Times to Show How Original Its Copyrighted Articles Are

TorrentFreak

Starting last year, various rightsholders began filing lawsuits against companies that develop AI models. The list of complainants includes record labels, book authors, visual artists, and newspapers, including the New York Times. These rightsholders all object to the presumed use of their work to train AI models without proper compensation. The New York Times lawsuit targets OpenAI and Microsoft and is steadily moving forward.

Copyright 132
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Cropping photograph and omitting author's name may infringe moral rights

The IPKat

There is no doubt that photographs can be protected by copyright [ IPKat here , here and here ]. This Kat has found a recent ruling issued by the Paris Court of Appeal concerning a copyright infringement dispute involving photographs. This judgment provides an opportunity to examine the concept of originality as applied to photographs, and also to understand what may constitute an infringement of moral rights.

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Software Composition Analysis: The New Armor for Your Cybersecurity

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

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Plagiarism in Pop Culture: Elsbeth

Plagiarism Today

Plagiarism comes to the Big Apple as lawyer-turned-detective Elsbeth solves a case with two separate plagiarism plot lines. The post Plagiarism in Pop Culture: Elsbeth appeared first on Plagiarism Today.

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Can a book title be a registered trademark?

Erik K Pelton

The quick and short answer to “How can I protect a book title?” is that you can’t. But, when it comes to the law trademarks, everything’s complicated with a lot of variables, and there are ways to work around it. A book title cannot technically be protected under trademark law, unless it is the title for a series of multiple books. An author can register the same phrase or words for other products or services that they may provide.

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EU Parliament Adopts SPC Reform Proposals: Clarifying the Protection Scope for Biologics

JD Supra Law

On February 28, 2024, following the European Commission's four 2023 proposals, the European Parliament adopted a legislative resolution on the amended proposal to create a Unitary Supplementary Protection Certificate ("USPC") and recast the existing Supplementary Protection Certificate ("SPC") regulations for medicinal products.

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3 Count: Counterfeit DVDs

Plagiarism Today

News nonprofit sues OpeAI, Internet Archive takes fight to Second Circuit and film producer faces liability over counterfeit DVDs. The post 3 Count: Counterfeit DVDs appeared first on Plagiarism Today.

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The Sky Isn’t Falling Post-Chevron – But it May if Daubert Standard Dies

IP Watchdog

In the ongoing debate over healthcare misinformation and disinformation, one question supersedes all others: “Who owns science?” Who should the American people trust and how can we best communicate “just the facts” so the public can make the best healthcare decisions? And it’s important to remember that this debate isn’t just about vaccine denial.

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OpenDNS Suspends Service in France Due to Canal+ Piracy Blocking Order

TorrentFreak

In 2023, broadcaster Canal+ went to court in France with the goal of obtaining an order requiring local ISPs to block over 100 pirate sports streaming sites. The French court complied with the request; ISPs including Orange, SFR, OutreMer Télécom, Free, and Bouygues Télécom, were ordered to implement technical measures to prevent access to Footybite.co, Streamcheck.link, SportBay.sx, TVFutbol.info, and Catchystream.com, among dozens of others.

Copyright 125
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IPO Diversity in Innovation Toolkit

Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.

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Major Labels File Suit Against AI Music Start-Ups for Unlicensed Training

JD Supra Law

On Monday, June 24, 2024, the three U.S. major record labels, Universal Music Group, Warner Music Group and Sony Music Entertainment, filed copyright infringement claims against two artificial-intelligence (AI) music start-ups, Suno and Udio. These AI music companies allow users to generate musical recordings based on text prompts, including by genre and topic.

Music 122
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Copyright, Trademark and Patent in Fireworks

Plagiarism Today

Fireworks displays are a common theme of Fourth of July celebrations. But how has copyright, trademark and patent law changed the field? The post Copyright, Trademark and Patent in Fireworks appeared first on Plagiarism Today.

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Before the Breakthrough: Does Prior Art Include Wrongfully Published Applications?

SpicyIP

The Conundrum In an interesting order, the Madras High Court, in the case of Dr. Vandana Parvez vs The Controller of Patents , dealt with a withdrawn patent application that had been wrongfully published and then later cited as prior art for the same applicant’s subsequent patent application! A brief into the facts of the case: This is an appeal for challenging the rejection of a patent application for an invention titled “Method and System for Providing Effective Generation and Delivery of Inte

Art 105
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Infographic | Challenges of the U.S customs

Olartemoure Blog

The rise of e-commerce has brought to The US Customs and Border Protection some significant challenges nowadays. The CBP oversees the entry of dangerous materials, counterfeit or even smuggling products to the country. Their duty is to enhance the nation’s economic prosperity by enabling legitimate trade. There is no doubt of the long lists of benefits that online purchase brings to the economy of countries.

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Nike and BAPE Settle Trademark Infringement Lawsuit

JD Supra Law

Nike and Japanese fashion brand A Bathing Ape (BAPE) have settled a trademark infringement lawsuit over BAPE’s alleged on-again, off-again infringement of some of Nike’s most iconic sneaker designs. The settlement requires BAPE to discontinue some of its sneakers and redesign others.

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Government’s Choice for Chief of Human Rights Commission Cited Terrorism as a Rational Strategy With High Rates of Success

Michael Geist

The government’s choice for chief of the Canadian Human Rights Commission has been mired in controversy this week given his failure to disclose a record of posts and appearances that call into question the ability for Jewish or Zionist Canadians to get a fair, impartial hearing at the Commission. Birju Dattani, who formerly was known as Mujahid Dattani, is now the subject of an independent investigation by the Ministry of Justice as the calls for his resignation or replacement from stakeholder g

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Conn. Justices Send Trade Secrets Row Back To Trial Court

IP Law 360

The Connecticut Supreme Court ordered a "limited" new trial Tuesday in a trade secrets case that pit Dur-A-Flex Inc. against numerous companies tied to research chemist Samet Dy, its former employee, finding error in the lower court's rulings on issues including damages and the enforceability of Dy's noncompete agreement.

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Popular Pirate Site Animeflix Shuts Down ‘Voluntarily’

TorrentFreak

With dozens of millions of monthly visits, Animeflix positioned itself as one of the most popular anime piracy portals. The site also has an active Discord community of around 35k members, who actively participate in discussions, art competitions, even a chess tournament. Target: Animeflix While rightsholders take no offense at these side-projects, the site’s core business was streaming pirated videos.

Art 99
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Potential Impact on USPTO Regulations of Supreme Court Unraveling the Chevron Deference

JD Supra Law

The U.S. Supreme Court's decision to no longer give deference to government agency interpretations could lead to challenges against U.S. Patent and Trademark Office rules.

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Dabur v. Dhruv Rathee: A Closure or Gateway for the Future? 

SpicyIP

In light of the recent settlement between Youtuber Dhruv Rathee and Dabur in a trademark and copyright infringement dispute, SpicyIP intern Aarav Gupta writes on how use of a mark in commentaries and critiques should not amount to infringement and highlights the larger public interest in such commentaries/ critiques. Aarav is a fourth-year law student at National Law University, Delhi.

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How To Clean Up Your Generative AI-Produced Legal Drafts

IP Law 360

As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

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Torrent Site MagnetDL Suffers Extended Downtime

TorrentFreak

Founded in 2012, MagnetDL has amassed a substantial user base by offering a clear and easy-to-use torrent search portal. As its name suggests, the site relies on magnet links instead of regular torrent files, and the site is particularly popular in the United States. Over the past few days, however, regular users have trouble reaching the site. Instead of the usual search box, they now see a Cloudflare error message, suggesting that MagnetDL’s server is unreachable.

Copyright 104
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PTAB Statistics Through Seven Months of FY2024

JD Supra Law

The institution rate for post-grant petitions in FY 2024 through the end of April 2024 (the period from Oct. 1, 2023 through April 30, 2024) stands at 66% (427 instituted, 230 denied). This rate remains flat compared to the previous two fiscal years (67% in FY 2023 and 66% in FY 2022), but remains significantly increased from the two fiscal years prior to that (58% in FY 2021 and 56% in FY 2020).

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US Inventor Urges CAFC to Review Implementation of Rule 36

IP Watchdog

Yesterday, US Inventor, Inc. (USI) filed an amicus brief in Island Intellectual Property LLC v. TD Ameritrade, Inc., urging the U.S. Court of Appeals for the Federal Circuit (CAFC) to reconsider its use of Rule 36 when affirming decisions. The underlying district court decision was issued in November 2022 by Judge Rodney Gilstrap, who adopted Magistrate Judge Roy Payne’s September 2022 Report and Recommendation and granted TD Ameritrade’s (TD) Motion for Summary Judgment on the patent infringeme

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5 Moments That Shaped The Supreme Court's Jan. 6 Decision

IP Law 360

When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.

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Sony’s Ancient Lawsuit vs. Cheat Device Heads in Right Direction – Sony’s Defeat

TorrentFreak

When today’s home video gaming market took its first tentative baby steps thanks to more affordable hardware in the early 1980s, the details of Sony’s lawsuit against Datel would’ve been dismissed as outrageous. This was a time of experimentation; one that thrived on the energy of pushing unimaginably incapable hardware by today’s standards, to perform in unexpected ways that often exceeded manufacturers’ expectations.

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USPTO Seeks Input On Experimental Use Exception To Patent Infringement And Possible Legislative Action

JD Supra Law

On June 28, 2024, the United States Patent and Trademark Office (USPTO) issued a Notice requesting public comments on the current state of the common law experimental use exception to patent infringement and whether Congress should consider codifying the experimental use exception through legislative action. This follows from a string of other recent Notices where the USPTO is seeking public input on other areas of patent law, including a recent Notice of Proposed Rulemaking on Terminal.

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The Best is Yet to Come: The Milan Section of the UPC Central Division Opens Its Doors

IP Watchdog

Nearly a year has passed since the Administrative Committee’s Decision on June 26, 2023, amending the Unified Patent Court Agreement (UPCA) to move the London Section of the Central Division of the Unified Patent Court (UPC) of First Instance to Milan and to reallocate its competences between the Seat (Paris) and the two Sections of the Central Division (Munich and Milan), thereby aligning the UPCA with the consequences of Brexit.

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The Funniest Moments Of The Supreme Court's Term

IP Law 360

In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.

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LaLiga Demands €450 After ISPs Log Subscribers’ Visits to Pirate Servers

TorrentFreak

When news began to break in early March, indicating that Spain’s most powerful football league had been authorized by a local court to track down people who simply viewed pirate streams, the story made for puzzling reading. Claims in the media, that this related to pirate IPTV subscribers, spread like wildfire. That benefited LaLiga’s deterrent messaging campaign but lacked any basis in truth.

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Statement on the Supreme Court’s Ruling in Moody v. NetChoice

Technology & Marketing Law Blog

A couple of years ago, Florida and Texas passed “social media censorship” laws. The laws were not subtle–the bill titles literally told the world that the legislatures were censoring social media. From a drafting standpoint, the laws were a mess. They packed dozens of undertheorized policy ideas into poorly drafted omnibus bills that never represented a serious attempt at policy-making.

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Two-Part Series on Nasty Swift vs. Scooter Rights Dispute Depicts Tay as no Friend to IP rights

IP Close Up

Taylor Swift has presented herself as an advocate of fellow recording artists, even going so far as to include shares of Spotify for them in Continue reading

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How Reshaped Circuit Courts Are Faring At The High Court

IP Law 360

Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.

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Pirate Streaming Giant FMovies Hasn’t Updated in a Week

TorrentFreak

With more than half a billion site visits in just three months, pirate streaming site FMovies is seen as a major threat by Hollywood. The pirate site rivals legal streaming platforms such as Disney+ in web traffic and has become the poster child for rejuvenated site blocking proposals in the U.S. Congress. Pressure Mounts To illustrate the brazenness of the site, lawmakers in Congress got a demo of the site from MPA’s Senior Executive Vice President, Karyn Temple, late last year.

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How to Set up a Company in Germany

Cogency Global

What this is : Germany has a strong, dynamic economy; a stable political environment; is home to tens of thousands of businesses and is the second-largest exporter in the world. With its international prominence, Germany is an appealing choice for foreign investors eyeing European expansion. What this means : Setting up a company in Germany requires the understanding of several requirements and restrictions.